International law norms in the legal system of Ukraine: theoretical approaches to the definition of the legal status

Keywords:
international law, internal (national) law, legal status of international law norms, execution of international treaties

Abstract

The purpose of this article is to study theoretical approaches to determining the legal status of the norms of international law (IL) in the legal system of Ukraine.

Scientific novelty is the systematic study of the issues of the interaction of international and domestic law (DL), the implementation of international legal norms in Ukraine in view of the strengthening of the contractual principles of modern international law and order, the activation of the activities of the member states of the international community in the fulfillment of their international legal obligations, and also on the basis of from the formation and manifestation of a new form of globalization – legal.

Conclusions.

- harmonized regulatory requirements of both legal systems – international and domestic law, is a guarantee of the honest observance by States of their international obligations. Phenomenology of the agreement itself contributes to the positive development and improvement of the legal systems themselves;

- international law could objectively not be able to carry out its regulatory function without the existence of domestic law, which actually continues and embody its normative guidelines in the national legal space. The state through the DL creates (must create) the necessary legal conditions to ensure the implementation of international treaties;

- the interaction of the norms of the IL and the DL covers the important constitutional and legal, institutional and structural and regulatory aspects of the existence of the norms of the IL in the national legal system, namely: a) proclamation and legislative consolidation of the principle of unconditional compliance with international treaties; b) legal support and enforcement of international treaties, including state sanction for non-fulfillment of agreements and failure to introduce into the DL changes and additions necessary for the fulfillment of obligations under treaties;

- international public law for the existence and performance of its functions requires the DL and its organizational and regulatory and technological mechanisms for the implementation of regulatory requirements; At the same time, the DL needs an IL, which establishes the regulatory framework for concerted actions of different states in various spheres, including to resolve possible conflicts and contradictions between the legal systems of the member states of the international community, as well as for the foreign policy activities of the states.

Alieksieiev, S. (2019). International law norms in the legal system of Ukraine: theoretical approaches to the definition of the legal status. Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine, (2), 89-105. https://doi.org/10.32886/instzak.2019.02.10